A/HRC/20/27
A.
General recommendations
84.
The Special Rapporteur calls upon States:
(a)
To recognize that the rights to freedom of peaceful assembly and of
association play a decisive role in the emergence and existence of effective democratic
systems as they are a channel allowing for dialogue, pluralism, tolerance and
broadmindedness, where minority or dissenting views or beliefs are respected;
(b)
To ensure that the rights to freedom of peaceful assembly and of
association are enjoyed by everyone and any registered or unregistered entities,
including women; youth; indigenous peoples, persons with disabilities, persons
belonging to minority groups or groups at risk, including those victims of
discrimination because of their sexual orientation and gender identity, non-nationals,
as well as activists advocating economic, social, and cultural rights;
(c)
To ensure that no one is criminalized for exercising the rights to
freedom of peaceful assembly and of association, nor is subject to threats or use of
violence, harassment, persecution, intimidation or reprisals;
(d)
To strictly and narrowly define the offence of terrorism in line with
international law;
(e)
To ensure that any restrictions on the rights to freedom of peaceful
assembly and of association are prescribed by law, necessary in a democratic society,
and proportionate to the aim pursued, and do not harm the principles of pluralism,
tolerance and broadmindedness. Any restrictions should be subject to an independent,
impartial, and prompt judicial review;
(f)
To ensure no derogation is exercised to the rights to life and to be free
from torture and other cruel, inhuman or degrading treatment or punishment;
(g)
To provide individuals exercising their rights to freedom of peaceful
assembly and of association with the protection offered by the right to freedom of
expression;
(h)
To ensure that administrative and law enforcement officials are
adequately trained in relation to the respect of the rights to freedom of peaceful
assembly and of association;
(i)
To ensure that law enforcement authorities which violate the rights to
freedom of peaceful assembly and of association are held personally and fully
accountable for such violations by an independent and democratic oversight body, and
by the courts of law;
(j)
To ensure that victims of violations and abuses of the rights to freedom
of peaceful assembly and of association have to the right to an effective remedy and
obtain redress;
(k)
To recognize that the rights to freedom of peaceful assembly and of
association can be exercised through new technologies, including through the Internet.
85.
National human rights institutions complying with the Paris Principles should
play a role in fostering and monitoring the implementation of the rights to freedom of
peaceful assembly and of association and in receiving and investigating allegations of
related human rights violations and abuses.
86.
United Nations institutions, bodies and mechanisms should continue promoting
and protecting the rights to freedom of peaceful assembly and of association. In
particular, the Human Rights Committee should consider developing general
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